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Re: [ga] 6000+ unique At Large Members?
Karl Auerbach wrote:
On Wed, 23 Apr 2003, Michael Froomkin - U.Miami School
of Law wrote:
> the elections list can't be used -- ICANN always took the position
that
> privacy rules prohibited contacting those people by or for the GA...
However section 6330 of the California corporations code - ICANN *is*
a
California corporation - requires that "members" have the right to
"Inspect and copy the record of all the members' names, addresses and
voting rights..."
(See
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=corp&group=06001-07000&file=6330-6338
You might also consider whether Cal-Almond, Inc. v. U.S. Dept. Of Agriculture,
960 F.2d 105, 109 (9th Cir. 1992) applies.
Cal-Almond argues that there is a First Amendment right of
access to voter lists. See generally
Press-Enterprise Co. v. Superior Court, 478 U.S. 1, 106 S.Ct. 2735,
92 L.Ed.2d 1 (1986) (Press-Enterprise
II). In considering claims of First Amendment access a court
must look to two considerations: (1) whether
historical experience counsels in favor of public access, and (2) whether
public access would play a "significant
positive role in the functioning of the particular process in question."
Id. at 8, 106 S.Ct. at 2740; Times Mirror Co.
v. United States, 873 F.2d 1210, 1213 (9th Cir. 1989). It seems
likely that a tradition of public access to voter lists exists.
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